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Published: June 16, 2009
Chalk one up for democracy. And give a gold star to the California Supreme Court for upholding the will of the people who voted Yes on Proposition 8. Known as the California Marriage Protection Act, the simplicity of the measure read, "Only marriage between a man and a woman is valid or recognized in California."
The electorate spoke with a majority vote of 52 percent and was respectfully validated by the May 26 6 to 1 court decision.
With the perceived decadence in the Golden State and the number of multi-million dollar personalities in the entertainment industry, plus the numbers of gays/lesbians associated with the filming and production of movies and television shows, it was an unexpected blow to same-sex marriage enthusiasts. Although demographics show that coastal communities were solidly against Proposition 8, inland rural areas carried the measure to passage.
Campaign spending between the pros ($43.3 million) and cons ($39.9 million) on Proposition 8 provided the highest funding on any state election ballot in the U.S., surpassed only by the presidential contest — Obama ($659.7 million) vs. McCain ($238.1 million) according to The New York Times. Clinton also out-funded McCain with $249 million in contributions.
Of course, gay and lesbian closet doors will remain open and the fight will go on for the right to same-sex marriage on the 2010 ballot. In the meantime, 18,000 marriages by same-sex partners prior to the passage of Proposition 8 remain intact and the limited benefits of civil unions are still an option.
But times are changing. According to an April CBS/New York Times poll, 42 percent of the people surveyed favored same-sex marriage, certainly not a plurality but a very significant change from the 21 percent in 2004.
Connecticut, Iowa, Maine, Massachusetts, New Hampshire and Vermont allow same-sex marriage; New York and New Jersey are mulling over the prospect. As the wildfire of same-sex marriage laws spread throughout the Northeast and Iowa, economic incentives might entice other state legislatures to follow suit with widespread acceptance. California, already the scourge of taxpayer rebellion and the poster child of bankrupt states, cannot afford to lose another segment of its tax base. Let me explain.
According to data from the California State Board of Equalization, about 80 percent of the state's revenue losses between 2001 and 2003 were a result of disappearing millionaires. The number of reported millionaires in California dropped from 44,000 in 2000 to 29,000 in 2002, a 44 percent decline. A 2009 report — "Rich States, Poor States" by Arthur Laffer, Stephen Moore and Jonathan Williams — claimed their contributions of $15 billion to the state treasury, about 20 percent of state income tax revenues, was due to the loss of investments during the 2000-2001 dot-com bust.
Of about 25,000 remaining families making seven-figure incomes in 2006, more than 5,000 bailed out in 2007. Their tax liabilities had accounted for half of the state budget shortfall in 2008, according to a California Employment Development Department. Researchers at Ohio State University found that from 1998 to 2007 more than 1,100 people moved from nine high-tax states (including California, New Jersey, New Mexico, Ohio) to the nine states that have no have income tax (such as Florida, Tennessee, New Hampshire, Nevada). That's 1,100 people per day, seven days a week.
Fifty-three percent of the Fortune 500 companies provide domestic partner benefits. Since government employees aren't currently given this option, private sector businesses that do offer these benefits to both traditional and same-sex partners have a decidedly upper hand at job recruitment for the best and brightest of potential employees.
When faced with the choice of being married to a job versus the one you love, the lifelong commitment to an individual will take precedence. A civil union doesn't provide the same security as the assurance of having corporate benefits for every member of the family, especially the partner's children, whether from a previous marriage or adoption.
The human psyche for a lawfully committed gay partnership will not be at peace until the family is safe and secure in the wholeness of matrimony. Although currently hindered due to the economy, America is still a very mobile society and the prospects of couples relocating to gay-friendly states would create another economic blow to California tax revenues.
Over time, children in same-sex marriages will prove to be in better health, more civic minded, better educated with higher paying jobs and more socially aware. And (egad!) right-wingers, they'll be more liberal.
Assuming that in 2010 there will be another proposition to provide for the oneness of same-sex marriage, it seems unlikely the measure would be defeated. Another court ruling would follow. Another chalk mark would appropriately honor the democratic vote.
Don't think the same scenario won't play out in Florida. Florida is always a little behind the times from the rest of the country.
Ron Rae, a regular columnist for Hernando Today, lives in Spring Hill. He can be contacted at hernandoron@yahoo.com.
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